


Property Rights

by MayaMarkova



Series: Dialogues of the Dead and the Undead [4]
Category: The Silmarillion and other histories of Middle-Earth - J. R. R. Tolkien
Genre: Burning of the Ships at Losgar, First Kinslaying (Tolkien), Gen, Halls of Mandos, Oath of Fëanor, Reembodiment
Language: English
Status: Completed
Published: 2020-11-07
Updated: 2020-11-07
Packaged: 2021-03-08 19:33:59
Rating: General Audiences
Warnings: Graphic Depictions Of Violence, Major Character Death
Chapters: 2
Words: 3,849
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/27441997
Author URL: https://archiveofourown.org/users/MayaMarkova/pseuds/MayaMarkova
Summary: A victim of the First Kinslaying discusses the event with Námo, then has a debate with Curufin and finally, with his mind whirling, is sent to be reembodied.
Series: Dialogues of the Dead and the Undead [4]
Series URL: https://archiveofourown.org/series/1996072
Comments: 6
Kudos: 13





	1. Chapter 1

**Author's Note:**

> Elulindo is a canonical name of one of Olwë’s sons. His fate, and that of his brothers, is not revealed by Tolkien. Many fanfiction writers have put sons of Olwë among the victims of the First Kinslaying. I don’t think he would be so arrogant and would so stubbornly rebut every request of the desperate and armed Noldor if his loved ones were anywhere near the docks, but of course there are many scenarios in which his sons could nevertheless fight and be killed. My headcanon is that of his sons, only Elulindo – the eldest – died, because I like the analogy with the Biblical Pharaoh who tried to stop the Exodus and lost his firstborn son.  
> The plot takes place shortly before the War of Wrath. If it is regarded as a sequel to _Haunted_ , then by this time all victims of the Kinslaying have arrived safely in Mandos, and Olwe could return to Alqualonde as an ordinary citizen. Elulindo wouldn’t care whether his father was king or not.  
> Námo’s statement that taking someone else’s property is never justified is borrowed from reader Chloe’s comment on _Haunted_.  
> Canonically, the Teleri were very reluctant to ferry Valinor’s troops to Middle-earth for the War of Wrath. Let’s say that Elulindo is more generous than most of his folk.

‘Would you please inform Lord Námo that I wish to talk to him whenever he is inclined to listen?’ asked the spirit of Elulindo, son of Olwë.

The passing Maia stopped and turned to him.

‘I would,’ he replied, ‘but let me first offer you some advice. Do not say to Lord Námo again, in an agitated tone, that you want a life. Your release will not be helped by this. If anything, it can even be postponed.’

‘Oh, I am not going to say such things,’ Elulindo promised. ‘I have indeed said them before, when I was still new here. But I have spent many a yen in Mandos, and I think I have figured out how the system works. If we demand our lives back, this proves that we are still angry and emotional, have not yet been healed properly, and therefore should not be returned to life. If we do not demand our lives back, this proves that we lack the faith needed to resume life, do not really want it, and so should be left here, because the main function of Mandos is to house those unwilling to return. Either way, we are stuck in the Halls until Arda breaks, so there is no use to talk about it. I actually felt better when I accepted it once and for all, and sent a message to my betrothed to consider herself free.’

‘There is something in what you are saying,’ the Maia admitted, ‘but please do not repeat it in front of Lord Námo, either!’

‘I won’t.’

‘No need to,’ Námo’s voice intervened, and his face projected itself in the cell. ‘I am listening.’

‘Lord Námo!’ Elulindo addressed him. ‘I just wish to tell you that I have forgiven the Noldor who killed me, took my ship and burned her, and I retract all my previous statements to the contrary.’

‘What effect are you expecting of your words? Do you expect that your goodwill may tilt the balance to your release?’

‘No, I don’t expect you to approve my forgiveness to those who rebelled against the Valar and were cursed by you.’

‘Do you expect, then, that the kinslayers will be released, though it is difficult for me to see why you would wish it?’

‘No, I don’t. You warned them that long shall they abide in Mandos and yearn for their bodies, and find little pity though all whom they have slain should entreat for them. I just want it to be clear that their stay here no longer has my approval but is a result solely of your will, as in fact it has always been.’

‘Why is this important for you?’

‘Because it is related to who I am. I have lost my natal family, the chance to start my own family – I already had a scheduled date for my wedding, my friends, my ship, my life, everything. The only thing I still have is my own self. And after coming here, in my anger, I was dangerously close to losing it. But thankfully this has passed.’

‘What made you forgive the kinslayers?’

‘I gradually started to look at those unfortunate events from other angles, and became more understanding towards the Noldor. If you want me to explain it in more detail…’

‘As I already said, I am listening to you.’

‘I like looking at Lady Vairë’s tapestries to entertain myself. There is little else to do here anyway. I examined many tapestries that depicted the crossing of the Helcaraxë, and I thought that Fëanáro was mad and cruel to let his brother’s people suffer and die on the ice. Until it suddenly flashed to me that if Fëanáro had not ordered his people to take our ships, then all the exiled Noldor, and not only those who followed Nolofinwë, would have been doomed to the Grinding Ice! This really didn’t portray us in a good light, because we had claimed to be friends of the Noldor, and they had built our haven and most of the city, and then the one time they needed our help and asked for it, we basically told them to go drown themselves or freeze. What an irony that after naming my ship _Friendship_ , of all names, I didn’t use it to help our friends!’

‘But you actually wanted to transport the Noldor, didn’t you? You talked about it to your father.’

‘Yes, I did. As the eldest son, I stood by him during the negotiations. Fëanáro asked to borrow the ships, to buy them, to be given access to our shipyards to build new ships, or to take the ships together with the crews and their families if we wanted, as he said, to live free in Middle-earth. My father said no to every suggestion. Then, when Fëanáro left, I told my father that if the Noldor really wanted to return to Middle-earth, we could ferry them. But he didn’t want to listen, and said that this was just my wanderlust speaking. To be fair, he had a point. I had always enjoyed sailing to new seas and shores, and I even had the ambition to be the first to sail to Middle-earth from Valinor. Now, this distinction forever belongs to Fëanáro, a Noldorin first-time sailor.’

‘You were sympathetic to the Noldor, but an hour or two later, you went to fight them.’

‘Because they were fighting us. I was still arguing with my father when a messenger arrived to report that the Noldor had attacked our haven to steal our ships, and were killing our people who resisted. I went to collect my new harpoon – the only weapon I had off-hand, and rushed to the haven.’

‘So the prince, who was at a safe distance from the fighting, armed himself and ran out asking for trouble.’

‘I could not stay in safety doing nothing as my people were being killed. Had I done so, I’d never forgive myself. This is how we see things.’

‘This is how conflicts escalate. Many Noldor joined the battle for exactly the same reason.’

‘Oh yes, Findekano’s people. I saw it in the tapestries, and this was another realization that shocked me. They thought that a few rogues had made an ambush and were barring them from their friends’ ships. They were so sure that they had many friends in Alqualondë!’

‘One could say, however, that a friend has a duty to dissuade his friend from a folly instead of enabling it.’

‘I disagree. People make their choices, and a friend can give advice but otherwise should respect his friends’ choices and support them even if his own opinions differ. Giving a haughty speech when a friend asks for help is adding insult to injury. Such a person would be like my grandmother who always tried to discourage me from sailing because it was allegedly dangerous. Or like some so-called friends who told me that my beloved maiden was too plain-looking and I should bind myself to someone else. Of course, I unbound myself from them instead.’

‘Nevertheless, the ships were yours, and the Noldor had no claim over them. When someone refuses to lend something to you, you are never justified in taking it by force, let alone killing people to get the object.’

‘In ordinary circumstances, yes. However, great need is a claim in itself. For example, let’s imagine that there is a sea or a giant lake in front of the gate of Mandos…’

‘The lore of some Men actually depicts it so, with a sea or a broad river separating the lands of the living from the realm of the dead, and a boat bringing the newly died here.’

‘Oh, this is interesting! So let’s imagine that it is really so, and some Elves keep boats on this shore, and I could be alive again if I sailed away from here on one of their boats. Well, I’d ask them to ferry me to the other shore, though I have nothing to pay them for it. And if they refused, I’d surely try to steal a boat, and I’d fight anyone who would try to stop me.’

‘Do you really think that the Noldor were as unhappy in Valinor as you are here?’

‘Well, none of them turned back before or after the battle, few turned back with Arafinwë after your curse, and none of Nolofinwë’s people turned back when they saw that the ships were burned and the only remaining route to Middle-earth was the Helcaraxë. So apparently they were very strongly motivated and felt that risking their lives was preferable to staying in Valinor.’

‘Do you really think now that the Noldor did nothing wrong?’

‘No, I don’t. Fëanáro’s people were too quick to attack. Maybe if everyone had slept overnight, the morning would bring some solution. Force should be the last resort, not the first. And I am still outraged by the burning of our ships. I didn’t expect the Noldor, of all people, to destroy beautiful things for no good reason! They could continue to use the ships, or if they didn’t want them, could give them to Cirdan. Nevertheless, I decided to forgive them. Maybe it was unwise to hold such hotheads as friends, and if I had another chance, I’d try to choose my friends better. But I’d also try to _be_ a better friend. And stewing in bitterness would not be a good way to honor the memory of my _Friendship_.

‘How would you honor your lost ship?’

‘I have composed a song about her, and I sing it to myself because there is nobody else here to listen.’

‘And if you were alive again?’

‘I’d build a new ship and call it _New Friendship_.’

‘And if some Vanyar or Arafinwë’s Noldor would ask you to ferry them to Middle-earth to fight Morgoth, would you agree to do it?’

‘I’d be very glad to do it, and would consider it not only the right thing to do but also a chance to redeem myself. Because as things are now, we are all kinslayers, but at least the Noldor later fought Morgoth, while we came out as fools preferring to die than to help their friends, or even worse, as possible supporters of Morgoth.’

‘No, you are innocent, and are not considered kinslayers.’

‘Thank you very much, but as I said before, I have decided to preserve myself, and this requires never lying to myself. So I’ll believe I am not a kinslayer only if you say that nobody has come to your Halls as a result of my actions that night. However, the Noldo whose heart I pierced definitely died. I am not sure about the one whose stomach I slashed, and the two whom I threw overboard, but their chances to survive looked slim.’

‘If you could return to that night, what would you do differently?’

‘I wouldn’t waste time arguing with my father. He never considers my arguments seriously. It seems that for him, I’ll forever be the lad who screamed and burst in tears the first time he saw an octopus. I would have instead gone to Fëanáro and offered my ship to ferry him and his sons to Middle-earth. Because with their Oath, staying in Valinor was not an option for them anymore, even if they would accept my father’s arguments.’

‘And they’d be terribly successful in defeating Morgoth, all eight of them.’

‘Actually, so far most successful against Morgoth has been my cousin Lúthien who took a Silmaril from his crown, helped only by her mortal beloved and Tyelkormo’s dog. So if Fëanáro and his sons had teamed with her, maybe together they could take all three. But I was not talking about success, but about how a small gesture of goodwill could have changed everything. Or maybe it wouldn’t, but it was still worth trying, and nobody did.’

‘Elulindo son of Olwë, while I disapprove many of your opinions, I see that you have completely restored your integrity, as you wished, and I consider you healed.’

‘Thank you very much, Lord Námo! Would you then, please, allow me to meet other spirits? I must admit that the solitary confinement is what torments me most here. I have asked before, and I have always been told that unhoused spirits are solitary by nature, and heal best if kept alone. Well, this may be true for some, but not for me. Instead of healing me, solitude was driving me mad. I had to concentrate what residual strength my spirit had on preserving my sanity. But if you consider me healed, then maybe you could let me converse with other spirits who are also healed.’

‘Whom do you want to meet?’

‘I’d enjoy most the company of my friends from Alqualondë. But I’d like also to see Elves from Middle-earth. Or to talk with slain Noldor – maybe this could bring us to mutual understanding. Whomever you allow me to meet, I’d be grateful.’

‘Wouldn’t you prefer to be returned to life? You repeatedly said that you wished it.’

‘I’d be very happy if this was possible, but after all these yeni, I have lost hope.’

‘It is quite possible. And it is exactly what I intend for you. Therefore, meeting your friends who dwell here is not a good idea. Even the best of them can be consumed by envy, seeing you on your path to release.’

‘May I see just one spirit, Curufinwë son of Fëanáro?’

‘Why exactly him?’

‘Because he killed me. He had been my guest many times, had taught me to build strong walls, and I had taught him and then his son to swim, and that night put us against each other and he killed me!’

‘Curufinwë, or Curufin as he calls himself now in the manner of Beleriand, is maybe my most difficult case. He is mad, and uses seemingly flawless logic to bring the most outlandish conclusions. I consider moving in his father with him to imbue him with a little compassion and common sense. This alone should tell you how bad things are with the son! But if you need to see him to get closure before starting your new life, so be it.’


	2. Chapter 2

**Summary for the Chapter:**

> A discussion with Curufin, not for weak spirits.

The Maia led Elulindo along many turns of depressing dark-red corridors, then opened the door of a cell and stepped back to give the spirits privacy. Elulindo went to the threshold of the cell. Curufin’s spirit looked almost the same as Elulindo remembered him from life, but when he turned to look at the visitor, his eyes gleamed with upsetting light.

‘Oh Elulindo!’ he exclaimed. ‘My most sincere apology for killing you in an unjust fight, and stealing and destroying your ship!’

Elulindo rejoiced. His promised second chance was making him happy, and he wanted the same for every spirit in Mandos. Curufin was repenting for his transgressions, so his situation was not as hopeless as Námo had painted it.

‘I have forgiven you, Curvo!’ he said. ‘I understand that you wanted very badly to live free in Middle-earth, and that haste and hot feelings led to deeds which we all regretted later, deeds which could have been avoided. I will be returned to life now, and before this, I wanted to say this to you.’

Curufin shook his head.

‘It is very noble and touching that you forgive me, Elu, but unfortunately I cannot forgive myself. On that night, I became a thief, and a thief I’ll be forever. And a kinslayer of course, but this is just a consequence, for one thing brought about the other. I took away your ship and the ships of your people, and then burned them. I violated your property rights.’

‘Come on! Mere moments ago, I was telling Námo that the burning of the ships was most difficult for me to forgive. I mean, if you had disassembled them to build huts, and had burned some of the wood to warm yourselves in the cold, I wouldn’t be so angry. Instead, you just destroyed them, though no need commanded you to. But I am now sad to see you eaten from inside by the memory. As I said, I have forgiven you! My ship was beautiful, and I loved her very much, but ultimately she was just that, a ship! I wish you were released together with me, and helped me build my new ship. This would be more useful than chastising yourself for having been a thief.’

‘Unfortunately, a thief is the worst thing one could become, and I am resigned to staying here till the end of Arda because of my theft. After we had been stupid enough not to build our own fleet, we should have taken the Helcaraxë. The lives of the children and other weaklings who would freeze, starve or get drowned in the crossing cannot even be put on the same balance as the encroachment on other people’s property rights. At least, your heroic resistance taught me how one should fight to preserve and regain his property. So I took your people as role models in my later attempts to fulfill our Oath.’

‘What?!’

‘You won’t believe how many thieves there are in Middle-earth, especially among the nobility. Their entire societies are built on disrespecting and violating property rights; and the Green-elves, who simply have no property to speak about, are the most innocent case. The Sindar are much worse. They crave beautiful and valuable things, but couldn’t or wouldn’t create or honestly buy them. Instead, they appropriate beautiful things created by others, screwing up the creators in the process. I guess you know how their greatest king Thingol demanded a Silmaril as a bride price for his daughter Lúthien?’

‘Yes, I saw the story in the tapestries. But his idea was just to kill Lúthien’s beloved.’

‘Initially, yes. But what did he demand as an impossible bride price? He could have asked for Morgoth’s head, Carcharoth’s teeth, the Moon, or a star. Instead, he asked for our heirloom. And the lovebirds happily went along with the idea. We met them just before their Silmaril-stealing quest. I felt pity to Lúthien – she was so beautiful, small wonder that my brother Celegorm had fallen in love. Yet she was doomed to become a thief, a fate worse than death. I tried to shoot her, because there was no other way to spare her this fate. Unfortunately, Beren saved her life. Had I killed her, she would have landed here, and maybe would have already been reembodied. Instead, she became the most famous thief of Middle-earth, then shared the fate of her husband and passed into the nothingness where mortals go after they die.’

‘Curvo, what you have done to Lúthien is awful! Good that Beren stopped your arrow. Don’t you understand what crimes your Oath has driven you to?’

‘I don’t consider them crimes, because we only demanded what was ours. My brother Maedhros – you know him as Maitimo – every time sent a message to ask for voluntary return of our property. Nobody ever considered it. The royal house of the Sindar turned out to be a dynasty of thieves who stuck to the Silmaril like limpets. They even neglected their own children. Before we attacked Doriath, Lúthien’s son Dior took care to send the Silmaril away, hidden in his baby daughter’s linen. And because he had no other distinguished stolen items to hide in the clothes of his sons, he didn’t send them to safety, and they were captured by some overbearing soldiers of our side and left to die. In the same pattern, his daughter Elwing later jumped off a cliff with the Silmaril, abandoning her toddler sons at the mercy of my brothers. If we had not attacked and destroyed their rotten realms, the surviving Elves of Middle-earth would have been a culture of proud thievery, hardly better than Morgoth.’

‘See, I do not approve their keeping of your Silmaril at all costs. But waging wars, killing people and destroying whole realms is much worse than stealing and keeping stolen property! I understand that you were driven by your Oath, but why do you refuse to acknowledge that lives are more valuable than any property? I am unhappy that I killed and died in a battle over property, and I hope never again to be engaged in a conflict in which people kill each other over things!’

‘But things are terribly important. They are the basis of our life, of our civilization. Without the things collected and created by our hands, we’d be nothing more than intelligent animals. Moreover, without property and protection of property, life itself would not have been possible. Unless you choose to live the life of the Green-elves, who forage in the woods and hide in the bush like animals. But as soon as we progress to agriculture… Imagine that during famine, some mother steals from another person’s grain to feed her hungry children. If clemency is shown to this mother, many will follow her example, the farmer will be deprived of the fruit of his work, will not sow for the next year, and there will be more starvation. Therefore, property takes precedence to life, and protection of property rights should be absolute. You were right to kill us over your ships, and we were right to kill those sorry excuses of Elves over our Silmarils. I see that you disagree. However, deeds speak louder than words, and the one time when you had to act, you did the right thing, by killing Noldor to defend your property. So you are blameless, you fully deserve to be reembodied, and I am glad for it and wish you a good life!’

‘Thank you, Curvo! Farewell!’ muttered Elulindo. Slightly shaking, he turned back and left the cell. The Maia was awaiting him and led him away from the dark-red corridors to broader ones, and then to Námo’s throne room.

‘Did you enjoy your conversation with Curufin?’ the Vala asked.

‘It was horrible!’ Elulindo complained. ‘The poor one has changed so much, all his thoughts are twisted! He has completely lost himself. I am glad that you intend to reunite him with his father, maybe the presence of a loved one will help him. But the worst thing is that I could not counter his arguments, and they made my mind whirl!’

‘Perfectly normal after listening to Curufin. He makes even my mind whirl! Forget him! Think of your new life. Think that you’ll see again your parents, your siblings, your betrothed – she never made use of your leave, – your friends. You’ll see the light of the Sun reflected by the sea, and the new ships of your people.’

‘Come with me, Elulindo!’ the Maia invited him. ‘We’ll make you a nice new body. You no longer belong in Mandos!’

Elulindo said farewell to Námo, then turned away and followed the Maia. He would indeed waste no more time thinking of Curufin. He had reflected enough on the past. Now, the future was awaiting him.

**Notes for the Chapter:**

> The concept that without their belongings, people would have been just intelligent animals, is borrowed from Terry Pratchett.  
> The idea that Thingol could have asked for Morgoth’s head or Carcharoth’s teeth is from Lintamande’s Tumblr blog.  
> The Fëanorians are so often compared to Morgoth that I found it amusing to make one of them make the same comparison about their victims. This faulty argument goes both ways with equal success.


End file.
